A general average claim will fail where the casualty is caused by an incompetent master, and the owner cannot prove due diligence to make the vessel seaworthy. That was the finding of the Admiralty Court in January 2026, with the result that a cargo contribution of about USD 1.27 million was not recoverable.
The case
This blog is co-authored by Eric Geldenhuys, a candidate attorney.
The proposed amendments to South Africa’s Civil Aviation Regulations (CARs) and Technical Standards (CATS) are open for public comment until 2 February 2026. They modernise terminology and meteorology, streamline maintenance and safety management, refine aviation security, and clarify medical and public‑health protocols.
Airworthiness and maintenance
Parties usually expect documents generated in a private arbitration to remain confidential. In South Africa, that expectation does not hold once the same dispute, or the same casualty, becomes the subject of related or parallel court proceedings. Where arbitration material is relevant to issues before a South African court, it is likely to be discoverable
When tendering a letter of undertaking (LOU) to an arresting party, a P&I Club cannot lawfully include terms that could cause the undertaking to expire according to the Australian Federal Court.
In the case of the “Yangze 22”, the court refused to release a vessel from arrest because the P&I Club’s LOU included
In South Africa it is possible to arrest any property (not only marine property) to obtain security for a claim that the arresting party is pursuing, or will pursue, in another forum or jurisdiction. To obtain such an arrest, the applicant must show that its need for security is genuine and reasonable.
In a June
In November 2025 the UK Court of Appeal confirmed that a “pay-first” clause in a marine liability policy is valid when it accordingly prevents direct recovery by a third party from the insurer when the insured is unable to discharge its underlying liability.
Because the insured was insolvent, the court refused a direct claim by
This blog is co-authored by Eric Geldenhuys, candidate attorney.
The Department of Transport and the Director of the Civil Aviation Authority have published draft and proposed amendments to the Civil Aviation Regulations (CARs) and the South African Civil Aviation Technical Standards (SA‑CATS), with comments invited by 30 November 2025. The proposals refine requirements for aircraft
In September 2025, the High Court held the Road Accident Fund (RAF) 100% liable for damages arising from a collision involving a 13-year-old boy pedestrian. The court rejected the RAF’s attempt to apportion the blame on the basis of the child’s contributory negligence and ordered punitive costs for the RAF’s untenable stance. The judgment illustrates
This blog is co-authored by Eric Geldenhuys, candidate attorney.
Several aviation industry bodies (Industry Bodies) sought to halt the implementation of current South African Civil Aviation Technical Standards 2 of 2025 (SA‑CATS 2/2025) and to reinstate the 12‑year calendar engine overhaul recommendation per Aeronautical Information Circular 18.19 (AIC 18.19). In October 2025 the court declined
1 In the English court decision of Stournaras Stylianos Monoprosopi EPE v Maersk A/S the court clarified the scope of carrier obligations under the Hague Rules, the role of Verified Gross Mass (VGM) data, and the risks of container fraud. The judgment provides practical guidance for both consignees and carriers in navigating the complexities of